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ROTH v. STATE

No. 80-870.

385 So.2d 114 (1980)

Joseph ROTH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 10, 1980.

Attorney(s) appearing for the Case

Joseph Roth, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.

PER CURIAM.

The defendant was indicted for the offense of first degree murder by a grand jury for the Eleventh Judicial Circuit on June 4, 1976 under Section 782.04, Florida Statutes (1973). At trial, the state announced it would not seek the death penalty in the event the defendant was convicted of first degree murder. On this representation, with the advice of his counsel, agreement by the state, and approval of the court...

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